Judge Magistrate in Chancery Caroline Brittingham
Judge • Delaware Court of Chancery
Court-wide rules
Applies court-wideDelaware Court of Chancery publishes its filing requirements at the court level rather than per judge, so these 1292 rules are what govern this courtroom.
Filing Requirements
All 564- Applies to
- Petition
The petition must include the final award in the Arbitration.
- Applies to
- Objection
An objection to the appointed guardian ad litem must explain why the selected guardian cannot or should not serve.
- Applies to
- Petition to modify trust by consent
A petition relying on consents given by representation must conform with Rule 103.
Filing Timing
All 258For a Report or Draft Report addressing an uncontested petition or with expedited exceptions, a party must file a notice of exceptions within three days and proceed under Rule 144(d)(2).
A claimant may move for summary judgment after 20 days from commencement of the action or after service of an adverse party’s summary judgment motion.
A party who believes confidentiality should continue must file a response within eleven days.
Service
All 232Testimony may be designated on the record at disclosure or before testimony concludes, or by written notice to all parties within five days after receipt of the first rough or final transcript, identifying the transcript or portions designated.
- Service
When a person or guardian entitled to notice resides outside Delaware, the executor or administrator must send written notice of the intention to file the complaint to the last-known address by registered or certified mail with return receipt requested.
- Applies to
- Petition
Unless the Court orders otherwise, Rule 178(a) petitions must be served on all interested parties and held for at least 13 days to allow responses.
Fees
All 64- Applies to
- Paper for filing
A self-represented party delivering a paper to the Register in Chancery for filing must include the required filing fee.
- Applies to
- Commencing action
A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.
The Register in Chancery assesses fees and charges against the filing or authorizing party, subject to specified exceptions.
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